Findings and Recommendation

 Findings

 Having concluded her investigation the Ombudsman finds that:

• Section 61 of the Civil Registration Act 2004 provides a particular mechanism for accessing the indexes to registers, and receiving copies of entries to registers of births, deaths and marriages.  Under the 2004 Act there is no legal provision for direct access to register entries and the GRO does not have discretion under that Act to grant access in any other manner.  There is no evidence of maladministration with regard to the manner in which the GRO is applying section 61 of the Civil Registration Act 2004.
• Prior to the enactment of the Civil Registration Act 2004, the public had direct access to the indexes and registers of births, deaths and marriages.  The mechanism established under section 61 of the 2004 Act has created significant practical difficulties for members of the public wishing to have direct access to such records.
• Indexes and registers of births, deaths and marriages held by the GRO, and which are more than 30 years old, constitute “archives” for the purposes of the National Archives Act 1986, and are available for public inspection in accordance with section 10 of the National Archives Act 1986.  This right of inspection operates whether the records are in the custody of the National Archives or held by the General Register Office.
• The failure of the GRO to allow for inspection, under the National Archives Act 1986, of the indexes and registers over 30 years old, amounts to an action of the GRO that is both an undesirable administrative practice and contrary to fair or sound administration (in the sense in which those terms are used in section 4(2)(b) of the Ombudsman Act 1980).  In coming to this finding, the Ombudsman acknowledges that, at the time of the complaint that prompted her investigation, the GRO was unaware of any method of access other than that set out under section 61 of the Civil Registration Act.    

Recommendation

In light of the finding that birth, death and marriage records held by the GRO, and which are more than 30 years old, should be available for public inspection under the National Archives Act 1986, the Ombudsman recommends that the GRO engage with the Department of Arts, Heritage and the Gaeltacht, and other bodies as appropriate (such as those bodies that have a responsibility for the national archives), to explore options for facilitating public inspection of these records.   

The GRO should report to the Ombudsman on progress on implementation of this recommendation at six monthly intervals, beginning six months from the date of this report, and until satisfactory new arrangements have been made.

The Ombudsman understands that any option considered must seek to minimise or eliminate the possibility of fraud or other abuse, and have regard to the conservation of the records.